Aradhya Pathak vs Central Board Of Secondary Education on 27 August, 2021

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Delhi High Court - Orders

Aradhya Pathak vs Central Board Of Secondary Education on 27 August, 2021

Bench: Prateek Jalan

                  $~10 (2021 Cause List)
                  *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                  +        W.P.(C) 9115/2021

                           ARADHYA PATHAK                                      ..... Petitioner
                                       Through:            Mr. Prateek Mishra and Mr. Mohit
                                                           Kumar, Advocates.
                                                      versus

                           CENTRAL BOARD OF SECONDARY EDUCATION
                                                                 ..... Respondent
                                       Through: Mr. Rupesh Kumar, Ms. Neelam
                                                Sharma, Ms. Pankhuri Shrivastava,
                                                Mr. Pravesh Bahuguna, Mr.
                                                Alekshendra Sharma, Advocates
                                                for CBSE.

                  CORAM:
                  HON'BLE MR. JUSTICE PRATEEK JALAN

                                         ORDER

% 27.08.2021 The proceedings in the matter have been conducted through video conferencing.

CM APPL. 28370/2021 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.

W.P.(C) 9115/2021

1. Issue notice. Mr. Rupesh Kumar, learned counsel for the respondent-Central Board of Secondary Education ["CBSE"], accepts notice.

2. The petition concerns change of the name of the petitioner in her Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:28.08.2021 15:01:05 W.P.(C)9115/2021 Page 1 of 3 Class X and XII certificates, issued by the CBSE. Although the petitioner's name in her school records is shown as "Khushi Pathak", she changed her name in the year 2019 to "Aradhya Pathak". The petitioner states that a declaration regarding the change of her name has been published in newspapers as well as in the Gazette.

3. There are several petitions pending before this Court with regard to change/correction of name, parent's name and date of birth in CBSE records. The Supreme Court, in a recent decision dated 03.06.2021 in Civil Appeal No. 3905/2011 [Jigya Yadav (minor) through Guardian/Father Hari Singh vs. C.B.S.E (Central Board of Secondary Education & Ors.], has considered the constitutional validity of the bye- laws published by the CBSE in this regard and given detailed directions dealing with the various fact situations. The CBSE has been directed to amend its bye-laws and also to consider all pending and future applications in consonance with the directions contained in the judgment, even while the process of the amendment of the bye-laws in underway.

4. The CBSE may file its counter affidavit within four weeks, keeping in mind the directions issued by the Supreme Court in Jigya Yadav (supra). Rejoinder thereto, if any, be filed within two weeks thereafter.

5. As there are several petitions pending, which arise in different circumstances, the appointment of an Amicus Curiae is necessary for convenient adjudication. Mr. Sanjoy Ghose, Senior Advocate (Tel: 98111 18889) is requested to assist the Court as the Amicus Curiae. Mr. Prateek Mishra, learned counsel for the petitioner, is directed to serve a copy of the petition upon the learned Amicus Curiae within one week from today. Copies of all pleadings be also served upon the learned Amicus Curiae.

Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:28.08.2021 15:01:05 W.P.(C)9115/2021 Page 2 of 3

6. List on 03.12.2021.

PRATEEK JALAN, J AUGUST 27, 2021 'vp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:28.08.2021 15:01:05 W.P.(C)9115/2021 Page 3 of 3

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Delhi High Court - Orders